The Federal Firearms Act prevents anyone who uses marijuana, or any other illegal drug, from also owning a gun.
"pot legalization only goes so far. This is another instance where federal law preempts state law and an individual who mixes pot with a firearm in any form faces prison time in a federal penitentiary," 9News Legal Analyst Scott Robinson said. "Marijuana and firearrms is not a legal combination in federal law and anyone who mixes the two could be charges in federal court."
The background check form you must fill out to buy a gun specifically asks if you use marijuana or any other illegal drug. Lying on that form is also a crime. If convicted, you could be sentenced to up to 5 years in prison.
Last edited by Cinemax on 21 Mar 2014 07:56 pm; edited 1 time in total _____________________
If I accept you as you are, I will make you worse; however, if I treat you as though you are what you are capable of becoming, I help you become that.
The background check form you must fill out to buy a gun specifically asks if you use marijuana or any other illegal drug. Lying on that form is also a crime. If convicted, you could be sentenced to up to 5 years in prison.
it specifically asks on the farm, "Do you unlawfully use Marijuana or any other drugs"
when you purchase a firearm they call the FBI for a background check. They know this.
Too not let someone own a firearm due to a legal medical prescription is violating the 2nd amendment
Last edited by Dnote on 21 Mar 2014 08:02 pm; edited 3 times in total _____________________
"I AM THE GUITAR TUNED IN D HAMMERING AWAY ONE NOTE." ~ GiantBob
Isn’t it lovely when state laws and federal laws collide, and law enforcement then picks and chooses which conflicting laws to enforce?
A Richland medical marijuana patient recently applied for a Concealed Pistol License, but was denied by police.
Medical marijuana is legal under Washington state law, but the federal government won’t make an exception for that when it comes to getting a Concealed Pistol License.
Richland police sent the medical marijuana patient a letter stating that federal law prohibits anyone who uses a controlled substance from “shipping, transporting, receiving or possessing firearms or ammunition.”
And even if marijuana is legal here, it’s still illegal at the federal level.
When anyone applies for a concealed weapons permit with Richland police, they have to follow these federal restrictions.
This localized incident exposes a much bigger potential legal problem for all gun owners who also have a medical marijuana card, in any jurisdiction. The Richland police cited federal law that denies users of controlled substances the right to ship, transport, receive, or possess firearms or ammunition in denying this woman her carry permit.
trap
Law enforcement agencies could just as easily use the same federal statute to completely deny the Second Amendment rights of all medical marijuana card users in Washington and Colorado, or anywhere else where these cards as distributed.
All it would take is for the federal government to obtain a copy of the medical marijuana card databases in those areas that have such databases, and then start sending out federal agents to collect the guns of those who are listed. A model for this effort is California’s use of agents to confiscation guns of people identified by the Armed and Prohibited Persons System (APPS) system.
I’d advise gun owners to avoid medical marijuana cards at all costs. While there is no indication that there is an immediate plan to use these conflicting laws against gun owners, that could easily change overnight, especially under a federal government that never lets a good crisis go to waste.
Illinois: medical marijuana patients must surrender guns under proposed rule (VIDEO)
1/23/14 | by Chris Eger
132 4282
Illinois medical marijuana participants may have to make harsh choices in the coming months.
Illinois medical marijuana participants may have to make harsh choices in the coming months.
Hopeful participants in the new medical marijuana program in Illinois may have a hard decision to make between their treatment and their Second Amendment rights.
If the proposed set of rules for the program is enacted by the Legislature, patients and their caregivers will have to surrender their firearms to comply with the state’s law.
The Illinois Medical Cannabis Pilot Program (MCPP) is a program run by the Illinois Department of Public Health in which qualified individuals can receive medical marijuana for therapy.
Under the guidelines published yesterday, the experimental program, which is scheduled to run until Jan. 1, 2018, is very tightly regulated.
Signed into law this month, it will be one of the most heavily regulated programs among the 21 states that currently allow use of the drug. Eligible patients with one of no fewer than 35 qualifying medical conditions can seek treatment from a limited number of licensed dispensaries who in turn will draw from a certified cultivation centers.
To receive a card for the program candidates will have to pay $150 fee and be subject to a background check from the state police. Patients will be limited to 2.5 ounces of cannabis every two weeks. A special 7 percent tax will be added to each purchase to pay for the program’s enforcement.
In a recent poll, some 76 percent of doctors approved of the medical use of marijuana for certain conditions.
One of the harshest requirements is that neither program participants nor their caregivers will be allowed to possess a legal firearm. Even if they previously had a gun and valid FOID card or concealed carry permit in the state, it would be a violation of federal law for program participants to retain a firearm.
ATF: There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law." (Photo credit: BATFE)
ATF:” There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law.” (Photo credit: BATFE)
This is due to the paradoxical situation of conflicting federal and state laws on marijuana use.
In an open letter (pdf) to all FFLs published by the BATFE in 2011, the agency made clear that “There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law.”
The letter goes on to explain that even state-sanctioned marijuana use is ‘unlawful’ for the purpose of the 4473 form used in firearms transactions. On that form question 11e specifically asks the buyer of a firearm, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Christian County Sheriff Bruce Kettelkamp weighed in on the issue.
“I just don’t think anyone should have their second amendment rights taken away from them because they’re on a prescription for a pain killer,” said Kettelkamp.
Erik Altieri, Communications Director Northeastern/Central US Chapter Coordinator for the National Organization for the Reform of Marijuana Laws (NORML) spoke with Guns.com on this issue, he offered the following explanation:
Unfortunately, due to marijuana remaining illegal at the federal level, despite what any state law says to the contrary, this situation is pretty common in any state that has approved a medical marijuana program. The standard form for over the counter firearm sales even includes a specific question asking “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Since the federal government still considers marijuana, regardless of purpose of use, to be a Schedule I controlled substance, patients who are legally abiding by state law when it comes to their marijuana consumption still fail this requirement.
We hope to see sensible reforms soon occur at the federal level so that any individual’s medical use of marijuana is treated the same as use of all other physician recommended medication and that their use would not require them to give up their constitutionally guaranteed right to gun ownership. Patients should not be forced to chose between an effective medical treatment and their constitutional rights, the current status quo is appalling and untenable.
The IDPH will take comments on this proposed set of rules until Feb. 7 and then submit them to a legislative panel for approval by the end of April. _____________________
If I accept you as you are, I will make you worse; however, if I treat you as though you are what you are capable of becoming, I help you become that.
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum You cannot attach files in this forum You can download files in this forum